Court Awards Judgment of $67,321.50
Against Indiana-based Company
That Sold Banned Toy in New Jersey
NEWARK -
Superior Court Judge John F. Malone
has ordered an Indiana-based company
to pay New Jersey $67,321.50 after
finding the company offered for sale
and/or sold yo-yo waterballs to consumers
here despite a 2008 state law banning
the potentially hazardous toys.
The Office of the Attorney General,
through its Division of Consumer
Affairs, in June 2009 filed suit
against Indiana Novelty International
Inc., which does business as Kipp
Brothers. The state contended that
the company violated New Jersey 's
Consumer Fraud Act, Advertising Regulations
and Yo-Yo Waterballs Act by advertising,
offering for sale and selling yo-yo
waterballs to New Jersey consumers
after the state law banning such
actions took effect in April 2008.
In granting the state's summary
judgment motion, Judge Malone, presiding
in Union County , found that Indiana
Novelty International Inc. violated
both laws and the regulations and
ordered the company to pay $54,300
in civil penalties plus reimbursement
to the state for $11,899.50 in attorneys'
fees and costs and $1,122 for investigative
fees and costs. The company also
was ordered to comply with all applicable
state laws.
“Children have been injured by yo-yo
waterballs, including here in New
Jersey . I'm pleased that the court
found that we proved our case and
awarded an appropriate penalty,” Attorney
General Paula T. Dow said.
Yo-yo waterballs are inexpensive
toys that contain a rubber ball filled
with liquid attached to a rubber
cord. The cord has a finger loop
on its end and can be stretched about
three feet when swung.
On June 3, 2008 , then five-year-old
Sydney Blacker of Scotch Plains sustained
strangulation injuries from a Kipp
Brothers yo-yo waterball that she
received at her school fair. The
yo-yo waterball had been purchased
from Kipp Brothers by her school's
Parent Teacher Association in May,
after the Yo-Yo Waterballs Act went
into effect. Sydney sustained burst
blood vessels before her mother was
able to remove the wrapped cord from
around her neck.
“Anyone who sees yo-yo waterballs
offered as a prize or gift or for
sale in local stores should file
a complaint with us,” said Thomas
R. Calcagni, Acting Director of the
N.J. Division of Consumer Affairs. “This
is an issue impacting the safety
of children, one that companies can
easily address by adhering to our
law and not selling yo-yo waterballs
in New Jersey .”
Those found selling or offering
to sell yo-yo waterballs face an
initial civil penalty of up to $10,000
and up to $20,000 for subsequent
violations.
Deputy Attorney General Jah-Juin
Ho of the Consumer Fraud Prosecution
Section represented the state in
this action.
Consumers can file complaints with
the Division of Consumer Affairs
online at http://www.nj.gov/oag/ca/ocp/ocpform.htm or
by calling 1-800-242-5846 (toll-free
within N.J.) or 973-504-6200.
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